Retirement Benefits (Deputy President and Designated State Officers) Act

LAWS OF KENYA
THE RETIREMENT BENEFITS (DEPUTY PRESIDENT
AND DESIGNATED STATE OFFICERS) ACT
CAP. 197B
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Retirement Benefits (Deputy President and Designated State Officers)
Act
Cap. 197B
Legislation as at 3 November 2023
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• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Persons entitled to benefits ........................................................................................................................................................................ 2
4. Repealed ............................................................................................................................................................................................................. 2
4A. Entitlements for person holding appointive or elective position in Government ................................................................ 2
4B. Entitlement to parliamentary pension.

intive or elective position in Government ................................................................ 2
4B. Entitlement to parliamentary pension.

................................................................................................................................................ 2
5. Pension and other benefits of an entitled person .............................................................................................................................. 3
5A. Pension and other benefits of retired Chief Justice ........................................................................................................................ 3
5B. Pension and other benefits of retired Deputy Chief Justice ......................................................................................................... 4
6. Pension and other benefits of a retired Prime Minister ................................................................................................................... 4
7. Pension and other benefits of a retired Deputy President or retired Vice-President .............................................................. 4
8.

Pension and other benefits of a retired Deputy President or retired Vice-President .............................................................. 4
8.

Role of entitled person ................................................................................................................................................................................. 5
9. Spouse benefits ................................................................................................................................................................................................ 5
10. Children's benefits ........................................................................................................................................................................................ 5
11. Entitled person not be covered under any other Act ..................................................................................................................... 5
12. Staff .................................................................................................................................................................................................................... 6
13.

................................................................................................................................................ 6
13.

Funds for expenses ...................................................................................................................................................................................... 6
14. Accounts and audit ...................................................................................................................................................................................... 6
15. Official funeral ............................................................................................................................................................................................... 6
16. Repealed ........................................................................................................................................................................................................... 6
FIRST SCHEDULE [s. 5 (1)(g)] .......................................................................................................................................................................... 7
SECOND SCHEDULE [s.

................................................................................................................................ 7
SECOND SCHEDULE [s.

6(g)] ............................................................................................................................................................................ 7
THIRD SCHEDULE [s. 7(g)] ................................................................................................................................................................................ 8

.................................................................................................................................................... 8

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
RETIREMENT BENEFITS (DEPUTY PRESIDENT
AND DESIGNATED STATE OFFICERS) ACT
CAP. 197B
Published in Kenya Gazette Vol. CXVII—No. 67 on 26 June 2015
Assented to on 19 June 2015
Commenced on 9 July 2015
[Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
[Amended by Finance Act, 2022 (Act No. 22 of 2022) on 1 July 2022]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
[Amended by Finance Act, 2023 (Act No. 4 of 2023) on 1 July 2023]
[Amended by The Revision of the Laws (Rectification)
Order, 2023 (Legal Notice 186 of 2023) on 3 November 2023]
An Act of Parliament to provide for the granting of pension and other retirement benefits to persons
who hold the office of the Deputy President and persons who have served as Prime Minister, Vice-
President, Speaker, Deputy Chief Justice or Chief Justice after the 1st January, 1993, and for connected
purposes
1.

e served as Prime Minister, Vice-
President, Speaker, Deputy Chief Justice or Chief Justice after the 1st January, 1993, and for connected
purposes
1.

Short title
This Act may be cited as the Retirement Benefits (Deputy President and Designated State Officers) Act. 2.

Short title
This Act may be cited as the Retirement Benefits (Deputy President and Designated State Officers) Act. 2.

Interpretation
In this Act, unless the context otherwise require—
"benefits" means pension and other retirement benefits conferred by this Act;
"Deputy President" means a person who holds the office of Deputy-President of Kenya in accordance with
the Constitution;
"eligible child" means any child of a deceased entitled person who—
(a) is under eighteen years of age; or
(b) is under twenty-four years of age and is undergoing a course of full time education; or
(c) was at the time of the death of the deceased wholly or mainly dependent on the deceased and was
at that time and has at all times since been either a person falling within paragraph (a) and (b) or
is incapable, and likely to remain permanently incapable, by reason of bodily or mental infirmity,
of earning his own living, and is not for the time being maintained out of moneys provided by the
Government in a hospital or similar institution;
"entitled person" means any of the persons specified in section 3;
"retired Chief Justice" means a person who, having held the office of Chief Justice, has ceased to hold the
office as such in the manner specified in the Constitution;
"retired Deputy Chief Justice" means a person who, having held the office of Deputy Chief Justice, has
ceased to hold office as such in the manner specified in the Constitution;
"retired Deputy President" means a person who, having held the office of Deputy-President, has ceased
to hold office as such in the manner specified in the Constitution;
1

dent" means a person who, having held the office of Deputy-President, has ceased
to hold office as such in the manner specified in the Constitution;
1

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
"retired Prime Minister" means a person who, having held the office of Prime Minister, has ceased to
hold office as such in the manner specified in the Constitution;
"retired Speaker" means a person who, having held the office of the Speaker of the National Assembly
or Speaker of the Senate at any time after the 1st January, 1993, has ceased to hold office as such in the
manner specified in the Constitution;
"retired Vice-President" means a person who, having held the office of Vice-President, has ceased to
hold office as such in the manner specified in the Constitution and does not include a person who served
as Vice-President before the commencement of this Act;
"spouse" means the wife or husband of an entitled person who dies while holding office as such, and
includes in the case of an entitled person under whose religion or custom polygamy is lawful, any person
to whom the entitled person is lawfully married in accordance with the tenets of that religion or custom;
"term" means a Parliamentary term unless otherwise defined by the instrument of appointment. [Act No. 11 of 2017, Sch.]
3.

of that religion or custom;
"term" means a Parliamentary term unless otherwise defined by the instrument of appointment. [Act No. 11 of 2017, Sch.]
3.

Persons entitled to benefits
Subject to sections 5(3) and 15, the persons entitled to the benefits conferred by this Act shall be persons
who—
(a) at any time after the 1st January, 1993, retire as Deputy President, Prime Minister, Vice-President
or Speaker; or
(b) at any time after the 27th August, 2010, retire as Chief Justice or Deputy Chief Justice. [Act No. 11 of 2017, Sch.]
4. Repealed
Repealed by Act No. 4 of 2023, s. 90. 4A. Entitlements for person holding appointive or elective position in Government
A person who —
(a) holds an appointive or elective office in the Government; and
(b) previously held a position to which pension and other benefits accrue under this Act,
shall, upon retirement or ceasing to hold that office entitled under this Act, be paid-
(i) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office; and
(ii) a lumpsum payment on retirement as calculated as a sum equal to one year's salary paid for each
term served in office. [Act No. 4 of 2023, s. 91, L.N 186/2023, Sch.]
4B. Entitlement to parliamentary pension.

ual to one year's salary paid for each
term served in office. [Act No. 4 of 2023, s. 91, L.N 186/2023, Sch.]
4B. Entitlement to parliamentary pension.

A person, who holds an appointive or elective position for which benefits under this Act apply and is
entitled to pension under the Parliamentary Pensions Act (Cap. 196), shall in addition to the benefits and
pension payable under this Act, be paid pension under section 8 of the Parliamentary Pensions Act (Cap. 196). [Act No. 4 of 2023, s. 91.]
2

nefits and
pension payable under this Act, be paid pension under section 8 of the Parliamentary Pensions Act (Cap. 196). [Act No. 4 of 2023, s. 91.]
2

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
5.

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
5.

Pension and other benefits of an entitled person
(1) A retired Speaker of the National Assembly or the Senate shall, during his or her lifetime, be
entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
(b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for
each term served in office;
(c) one saloon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable
once every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be
replaceable once every four years;
(e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with a reputable
insurance company for the entitled person, the entitled person's spouse and the entitled
person's child who is below eighteen years or is under twenty-five years of age and is
undergoing a course of full time education, and in the case of a female child is not married or
is not cohabiting with any person;
(g) the additional benefits set out in the First Schedule.

ion, and in the case of a female child is not married or
is not cohabiting with any person;
(g) the additional benefits set out in the First Schedule.

(2) Deleted by Act No. 4 of 2023, s. 92(b). (3) Where an entitled person dies in service after the commencement of this Act, a lumpsum payment
on death calculated as a sum equal to five times his annual salary shall become payable to his legal
personal representatives. [Act No. 4 of 2023, s. 92.]
5A.

calculated as a sum equal to five times his annual salary shall become payable to his legal
personal representatives. [Act No. 4 of 2023, s. 92.]
5A.

Pension and other benefits of retired Chief Justice
A retired Chief Justice shall, during his or her lifetime, be entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
(b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each
term served in office;
(c) one saloon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once
every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable
once every four years;
(e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with a reputable
insurance company for the entitled person, the entitled person's spouse and the entitled person's
child who is below eighteen years or is under twenty-five years of age and is undergoing a course
of full time education, and in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the First Schedule. [Act No.

in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the First Schedule. [Act No.

11 of 2017, Sch., Act No. 4 of 2023, s. 93]
3

11 of 2017, Sch., Act No. 4 of 2023, s. 93]
3

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
5B.

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
5B.

Pension and other benefits of retired Deputy Chief Justice
A retired Deputy Chief Justice shall, during his or her lifetime, be entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
(b) a lump sum payment on retirement calculated as a sum equal to one year's salary paid for each term
served in office;
(c) one salon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once every
four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable
once every four years;
(e) a fuel allowance equal to fifteen per cent of the current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with a reputable
insurance company for the entitled person, the entitled person's spouse and the entitled person's
child who is below eighteen years or is under twenty-five years of age and is undergoing a course
of full time education, and in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the First Schedule.

ion, and in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the First Schedule.

[Act No. 11 of 2017, Sch., Act No. 4 of 2023, s. 94]
6.

[Act No. 11 of 2017, Sch., Act No. 4 of 2023, s. 94]
6.

Pension and other benefits of a retired Prime Minister
A retired Prime Minister shall, during his or her lifetime, be entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
(b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each
termed served in office;
(c) two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once
every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable
once every four years;
(e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with a reputable
insurance company for the entitled person, the entitled person's spouse and the entitled person's
child who is below eighteen years or is under twenty-five years of age and is undergoing a course
of full time education, and in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the Second Schedule. [Act No.

n the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the Second Schedule. [Act No.

4 of 2023, s. 95.]
7. Pension and other benefits of a retired Deputy President or retired Vice-President
A retired Deputy President or retired Vice-President shall, during his or her lifetime, be entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
4

, be entitled to—
(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last
monthly salary while in office;
4

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
(b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each
termed served in office;
(c) two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once
every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000cc which shall be replaceable
once every four years;
(e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with a reputable
insurance company for the entitled person, the entitled person's spouse and the entitled person's
child who is below eighteen years or is under twenty-five years of age and is undergoing a course
of full time education, and in the case of a female child is not married or is not cohabiting with any
person;
(g) the additional benefits set out in the Third Schedule. [Act No. 4 of 2023, s. 96.]
8. Role of entitled person
(1) An entitled person shall be expected to play a consultative and advisory role to the Government and
the people of Kenya.

. Role of entitled person
(1) An entitled person shall be expected to play a consultative and advisory role to the Government and
the people of Kenya.

(2) An entitled person may be requested by the Government to perform, subject to his or her
concurrence, specific official functions and shall be paid a reasonable allowance in respect of such
official functions. 9. Spouse benefits
(1) Upon the death of an entitled person who is in receipt of, or who is entitled to a pension under this
Act, the surviving spouse of the entitled person shall be entitled to fifty per cent of the pension
which was payable to an entitled person. (2) In any case where there is more than one spouse entitled to benefits under subsection (1), the
benefits shall be divided equally among all such spouses. 10. Children's benefits
A children's pension shall be payable for the benefit of an eligible child where an entitled person dies and
—
(a) if there is only one child, pension at the rate of twenty-five percent of the pension entitlement of
the entitled person;
(b) if there are two or more children, a pension at the rate of fifty percent of the pension entitlement of
the deceased entitled person to be divided equally for the benefit of each child. 11.

nsion at the rate of fifty percent of the pension entitlement of
the deceased entitled person to be divided equally for the benefit of each child. 11.

Entitled person not be covered under any other Act
(1) For the avoidance of doubt, an entitled person under this Act shall not, for the purposes of payment
of a pension or provision of any other benefits, be covered under any other Act for the same period
covered under this Act. (2) Despite subsection (1), where an entitled person was a contributor under any other pension
scheme, his or her contribution shall be returned to him or her with the applicable rate of interest. 5

rson was a contributor under any other pension
scheme, his or her contribution shall be returned to him or her with the applicable rate of interest. 5

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
12. Staff
The professional and other staff required to be provided for an entitled person under the First Schedule
shall be public officers, but no person shall be appointed or posted to serve on such staff except with the
concurrence of the entitled person and such staff shall, in the performance of their duties, be responsible
only to the entitled person. 13.

with the
concurrence of the entitled person and such staff shall, in the performance of their duties, be responsible
only to the entitled person. 13.

Funds for expenses
(1) The benefits granted to an entitled person, or his or her surviving spouse, as the case may be, under
this Act, shall be administered—
(a) in the case of a retired Deputy President, retired Prime Minister or retired Vice-President,
by the Office of the President, and shall be provided for in the estimates of the national
government referred to in Article 221(1) of the Constitution;
(b) in the case of a retired Speaker of the National Assembly or the Senate, by the Parliamentary
Service Commission, and shall be provided for in the estimates of the parliamentary service
prepared pursuant to Article 127(6)(c) of the Constitution; and
(c) in the case of a retired Chief Justice or retired Deputy Chief Justice, by the Judicial Service
Commission, and shall be provided for in the estimates of the Judiciary prepared pursuant to
Article 173(3) of the Constitution. (1A) For purposes of this section, “benefits” means the benefits granted to an entitled person under the
First Schedule, Second Schedule or the Third Schedule to this Act.

this section, “benefits” means the benefits granted to an entitled person under the
First Schedule, Second Schedule or the Third Schedule to this Act.

(1B) For the avoidance of doubt, subsection (1) shall not apply to the pension, lump sum payment upon
retirement, and gratuity provided for in this Act. (1C) The respective entities under subsection (1), shall formulate administrative guidelines for the
administration of this section including on matters relating to the computation of benefits due to
an entitled person under this section. (1D) The Clerk of the National Assembly in the case of a retired Speaker of the National Assembly and
the Clerk of the Senate in the case of a retired Speaker of the Senate, shall prepare and submit the
estimates under subsection (1)(b) to the Parliamentary Service Commission. (2) Upon approval of the estimates submitted under subsection (1), all monies, from time to time,
required in respect of the benefits conferred on an entitled person or his surviving spouse by this
Act shall be charged on and issued out of the Consolidated Fund without further appropriation than
this Act. (3) All other expenses incurred in the administration of the provisions of this Act shall be met out of
monies appropriated by the National Assembly for that purpose. [Act No. 22 of 2022, s. 64, Act No. 4 of 2023, s.

sions of this Act shall be met out of
monies appropriated by the National Assembly for that purpose. [Act No. 22 of 2022, s. 64, Act No. 4 of 2023, s.

98.]
14. Accounts and audit
The accounts relating to the expenditure incurred under the provisions of this Act shall be audited and
reported upon by the Auditor-General. 15. Official funeral
Upon his death, an entitled person shall be accorded an official funeral. 16. Repealed
Repealed by Act No. 4 of 2023, s. 99. 6

l. 15. Official funeral
Upon his death, an entitled person shall be accorded an official funeral. 16. Repealed
Repealed by Act No. 4 of 2023, s. 99. 6

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
FIRST SCHEDULE [s. 5 (1)(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED
SPEAKER OF THE NATIONAL ASSEMBLY OR THE SENATE,
THE DEPUTY CHIEF JUSTICE OR THE CHIEF JUSTICE
[Act No. 11 of 2017, Sch., Act No. 18 of 2018, Sch., Act No. 4 of 2023, s. 97.]
(a) Two drivers;
(b) one personal assistant or one chief liaison officer;
(c) one secretary or one assistant liaison officer;
(d) one house keeper;
(e) one senior support staff;
(f) one gardener;
(g) one cleaner;
(h) two armed security guards who shall be provided on request by the entitled person;
(i) diplomatic passports for the entitled person and his spouse;
(j) maintenance expenses for the vehicles provided pursuant to this Act;
(k) access to the V.I.P. lounge at all airports within Kenya;
(l) office and office equipment. SECOND SCHEDULE [s.

cles provided pursuant to this Act;
(k) access to the V.I.P. lounge at all airports within Kenya;
(l) office and office equipment. SECOND SCHEDULE [s.

6(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED PRIME MINISTER
(a) Three drivers;
(b) one personal assistant;
(c) one accountant;
(d) two secretaries;
(e) two house keepers;
(f) two senior support staff;
(g) two gardeners;
(h) two cooks;
(i) two cleaners;
(j) armed security guards who shall be provided on request by the entitled person;
(k) diplomatic passports for the entitled person and his or her spouse;
(l) office and office equipment;
(m) maintenance expenses for the vehicles provided pursuant to this Act;
(n) access to the V.I.P. lounge II at all airports within Kenya. 7

equipment;
(m) maintenance expenses for the vehicles provided pursuant to this Act;
(n) access to the V.I.P. lounge II at all airports within Kenya. 7

Retirement Benefits (Deputy President and Designated State Officers) Act (Cap. 197B) Kenya
THIRD SCHEDULE [s. 7(g)]
ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED
DEPUTY PRESIDENT OR RETIRED VICE-PRESIDENT
(a) Two drivers;
(b) one personal assistant;
(c) one accountant;
(d) one secretary;
(e) two house keepers;
(f) two senior support staff;
(g) two cooks;
(h) two gardeners;
(i) two cleaners;
(j) armed security guards who shall be provided on request by the entitled person;
(k) diplomatic passports for the entitled person and his or her spouse;
(l) office and office equipment;
(m) maintenance expenses for the vehicles provided pursuant to this Act;
(n) access to the V.I.P. lounge II at all airports within Kenya.
8